No reference to Arbitration unless clear unequivocal denial of a right

Southern Railway Vs Cherian Varkey Construction Co. Pvt. Ltd. (Kerala High Court) Conclusion: There was no right to apply for reference of a dispute to arbitration until there was a clear and unequivocal denial of the right asserted by one party by the other. A cause of action for seeking reference of the dispute by recourse to arbitration in respect of the claim made by the assessee-contractor against the Railway arose only when the final bill of the work was drawn, therefore, the request of the Contractor for reference of the dispute to arbitration on 03.04.2014 was well within the period of...